Wilson

The Case

This case deals with a common turn of events leading to life insurance litigation: A purchaser of life insurance died after he applied for a policy and paid the first month’s premium, but before the insurance company had an opportunity to accept the application and issue a policy. The company later refiised to pay the proceeds because of an alleged material misrepresentation in the application.

Plaintiff, Doris J. Wilson, stated several causes of action against defendant, Western National Life Insurance Company (Western) following Western’s refusal to pay the proceeds of a policy insuring the life of her husband, Daniel. Western answered the complaint and set forth certain affirmative defenses, including rescission of the insurance contract. The court thereafter granted Western’s motion and entered summary judgment, from which plaintiff appeals.

In granting summary judgment, the trial court reasoned:

“There is no triable issue of material fact with respect to defense that the policy is unenforceable by reason of decendent’s [sic] misrepresentation of the material fact that he fainted on August 10, 1985 as a result of a heroin overdose and was treated on that…